ORAL

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                         UTTAR PRADESH, LUCKNOW      

                              APPEAL NO.  1380 OF 2019

            (Against the order dated 15-10-2019 in Complaint Case

                         No.05/2019 of the District Consumer Forum, Sitapur)

Shakeel Ahmad

S/o Late Sri Khaleel Ahmad

R/o Mohalla Katra Naye Bazar

Kasba and Pargana Kherabad

Tehsil & District Sitapur

                                                                    ...Appellant/Complainant

                                                     Vs.

Executive Engineer

Vidyut Vitran Khand-II

Badha Dak Khana Road, Sitapur

(Madhyanchal Vidyut Vitran Nigam Limited

Sitapur

                                                                  ...Respondent/Opposite Party

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

For the Appellant       :  Sri Ram Ashrey Verma, Advocate.

For the Respondent    :                 

Dated : 04-12-2019

                                            ORDER

MR. JUSTICE A. H. KHAN, PRESIDENT

Sri Ram Ashrey Verma, learned Counsel for the appellant appeared.

I have heard learned Counsel for the appellant and perused memo of appeal as well as impugned order. The appeal is within time.

Admit and register appeal.

Vide impugned order the complaint case has been dismissed in default of both parties. As such the appeal is disposed of finally at the stage of admission itself.

Perusal of impugned order shows that Complaint Case No. 05 of 2019 Shakeel Ahmad V/s Vidyut has been dismissed on 15-10-2019 by District Consumer Forum, Sitapur in default of both parties.

As the impugned order shows that respondent was not present before District Consumer Forum, therefore, we find no need to issue

:2:

notice to the respondent.

Appellant has shown sufficient reason for his absence on date fixed.

In view of above, I am of the view that appeal should be allowed and exparte order dated 15-10-2019 should be set aside.

In view of above, the appeal is allowed. Impugned order dated 15-10-2019 passed by District Consumer Forum, Sitapur in Complaint Case No. 05 of 2019 Shakeel Ahmad V/s Vidyut is set aside. The complaint case is remanded back to the District Consumer Forum with a direction to restore it on its original number. After restoration of case the District Consumer Forum shall issue notice to the opposite party of the case and shall proceed further in accordance with law. The appellant shall appear before District Consumer Forum on 13-01-2020 positively.

Let copy of this order be made available to the parties positively within 15 days as per rules.

                                                                ( JUSTICE A H KHAN )

                                                                                 PRESIDENT

Pnt.